BHUPATBHAI KHENGARBHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11192010220248 registered with Bagodara Police Station, Ahmedabad Rural for offences punishable under Sec. 376 of IPC.

(2.) Learned advocate for the applicant submitted that the impugned FIR has been filed gross delay of more than five months, which has not been explained. The relationship was consensual in nature. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP submitted that the offence alleged against the applicant is serious in nature and that if released on bail, he would flee justice and would not be available for trial. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.